{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1289.23","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1289.23","heading":"Concealed firearm for off-duty police officer","body":"CONCEALED FIREARM FOR OFF-DUTY POLICE OFFICER\n\nA. Notwithstanding any provision of law to the contrary, a\n\nfull-time duly appointed peace officer who is certified by the\n\nCouncil on Law Enforcement Education and Training (CLEET), pursuant\n\nto the provisions of Section 3311 of Title 70 of the Oklahoma\n\nStatutes, is hereby authorized to carry a weapon approved by the\n\nemploying agency anywhere in the state of Oklahoma, both while on\n\nactive duty and during periods when the officer is not on active\n\nduty as provided by the provisions of subsection B of this section.\n\nB. When a full-time duly appointed officer carries an approved\n\nweapon, the officer shall be wearing the law enforcement uniform\n\nprescribed by the employing agency or plainclothes. When not\n\nwearing the prescribed law enforcement uniform, the officer shall be\n\nrequired:\n\n1. To have the official peace officers badge, Commission Card\n\nand CLEET Certification Card on his or her person at all times when\n\ncarrying a weapon approved by the employing agency; and\n\n2. To keep the approved weapon on his or her person at all\n\ntimes, except when the weapon is used within the guidelines\n\nestablished by the employing agency.\n\nC. Nothing in this section shall be construed to alter or amend\n\nthe provisions of Section 1272.1 of this title or expand the duties,\n\nauthority or jurisdiction of any peace officer.\n\nD. A reserve peace officer who has satisfactorily completed a\n\nbasic police course of not less than one hundred twenty (120) hours\n\nof accredited instruction for reserve police officers and reserve\n\ndeputies from the Council on Law Enforcement Education and Training\n\nor a course of study approved by CLEET may carry an approved weapon\n\nwhen such officer is off duty as provided by subsection E of this\n\nsection, provided:\n\n1. The officer has been granted written authorization signed by\n\nthe director of the employing agency; and\n\n2. The employing agency shall maintain a current list of any\n\nofficers authorized to carry an approved weapon while the officers\n\nare off duty, and shall provide a copy of such list to the Council\n\non Law Enforcement Education and Training. Any change to the list\n\nshall be made in writing and mailed to the Council on Law\n\nEnforcement Education and Training within five (5) days.\n\nE. When an off-duty reserve peace officer carries an approved\n\nweapon, the officer shall be wearing the law enforcement uniform\n\nprescribed by the employing agency or when not wearing the\n\nprescribed law enforcement uniform, the officer shall be required:\n\n1. To have his or her official peace officer's badge,\n\nCommission Card, CLEET Certification Card; and\n\n2. To keep the approved weapon on his or her person at all\n\ntimes, except when the weapon is used within the guidelines\n\nestablished by the employing agency.\n\nF. Nothing in subsection D of this section shall be construed\n\nto alter or amend the provisions of Section 1750.2 of Title 59 of\n\nthe Oklahoma Statutes or expand the duties, jurisdiction or\n\nauthority of any reserve peace officer.\n\nG. Nothing in this section shall be construed to limit or\n\nrestrict any peace officer or reserve peace officer from carrying a\n\nhandgun, concealed or unconcealed, as allowed by the Oklahoma Self-\n\nDefense Act after issuance of a valid license. An off-duty, full-\n\ntime peace officer or reserve peace officer shall be deemed to have\n\nelected to carry a handgun under the authority of the Oklahoma Self-\n\nDefense Act when the officer:\n\n1. Has been issued a valid handgun license and is carrying a\n\nhandgun not authorized by the employing agency; or\n\n2. Is carrying a handgun in a manner or in a place not\n\nspecifically authorized for off-duty carry by the employing agency.\n\nH. Any off-duty peace officer who carries any weapon in\n\nviolation of the provisions of this section shall be deemed to be in\n\nviolation of Section 1272 of this title and may be prosecuted as\ndgun license and is carrying a\n\nhandgun not authorized by the employing agency; or\n\n2. Is carrying a handgun in a manner or in a place not\n\nspecifically authorized for off-duty carry by the employing agency.\n\nH. Any off-duty peace officer who carries any weapon in\n\nviolation of the provisions of this section shall be deemed to be in\n\nviolation of Section 1272 of this title and may be prosecuted as\n\nprovided by law for a violation of that section.\n\nI. On or after November 1, 2004, a reserve or full-time\n\ncommissioned peace officer may apply to carry a weapon pursuant to\n\nthe Oklahoma Self-Defense Act as follows:\n\n1. The officer shall apply in writing to the Council on Law\n\nEnforcement Education and Training (CLEET) stating that the officer\n\ndesires to have a handgun license pursuant to the Oklahoma Self-\n\nDefense Act and certifying that he or she has no preclusions to\n\nhaving such handgun license. The officer shall submit with the\n\napplication:\n\na. an official letter from his or her employing agency\n\nconfirming the officer's employment and status as a\n\nfull-time commissioned peace officer or an active\n\nreserve peace officer,\n\nb. a fee of Twenty-five Dollars ($25.00) for the handgun\n\nlicense, and\n\nc. two passport-size photographs of the peace officer\n\napplicant;\n\n2. Upon receiving the required information, CLEET shall\n\ndetermine whether the peace officer is in good standing, has CLEET\n\ncertification and training, and is otherwise eligible for a handgun\n\nlicense. Upon verification of the officer's eligibility, CLEET\n\nshall send the information to the Oklahoma State Bureau of\n\nInvestigation (OSBI) and OSBI shall issue a handgun license in the\n\nsame or similar form as other handgun licenses. All other\n\nrequirements in Section 1290.12 of this title concerning application\n\nfor a handgun license shall be waived for active duty peace officers\n\nexcept as provided in this subsection including, but not limited to,\n\ntraining, fingerprints and criminal history records checks unless\n\nthe officer does not have fingerprints on file or a criminal history\n\nrecords background check conducted prior to employment as a peace\n\nofficer. The OSBI shall conduct a check of the National Instant\n\nCriminal Background Check System (NICS) prior to the issuance of a\n\nhandgun license. The OSBI shall not be required to conduct any\n\nfurther investigation into the eligibility of the peace officer\n\napplicant and shall not deny a handgun license except when\n\npreclusions are found to exist;\n\n3. The term of the handgun license for an active duty reserve\n\nor full-time commissioned peace officer pursuant to this section\n\nshall be as provided in Section 1290.5 of this title, renewable in\n\nthe same manner provided in this subsection for an original\n\napplication by a peace officer. The handgun license shall be valid\n\nwhen the peace officer is in possession of a valid driver license\n\nand law enforcement commission card;\n\n4. If the commission card of a law enforcement officer is\n\nterminated, revoked or suspended, the handgun license shall be\n\nimmediately returned to CLEET. When a peace officer in possession\n\nof a handgun license pursuant to this subsection changes employment,\n\nthe person must notify CLEET within ninety (90) days and send a new\n\nletter verifying employment and status as a full-time commissioned\n\nor reserve peace officer;\n\n5. There shall be no refund of any fee for any unexpired term\n\nof any handgun license that is suspended, revoked or voluntarily\n\nreturned to CLEET, or that is denied, suspended or revoked by the\n\nOSBI;\n\n6. CLEET may promulgate any rules, forms or procedures\n\nnecessary to implement the provisions of this section; and\n\n7. Nothing in this subsection shall be construed to change or\n\namend the application process, eligibility, effective date or fees\n\nof any handgun license pending issuance on November 1, 2004, or\n\npreviously issued to any peace officer prior to November 1, 2004.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"212f073231b0e82a12e51e5bd1976601f01b1fb45fa57b1dae29cac521963700","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1289.22","next":"us-ok/okla.-stat.-tit.-21-21-1289.24"},"notice":"GroundRules: Original legal text. Not legal advice."}